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(영문) 서울북부지방법원 2019.08.20 2019고정479
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, on August 4, 2018, the Defendant received a proposal from a person who was not the deceased on his name in order to use the borrowed name account for the reduction of and exemption from taxes, and agreed to the proposal that “The Defendant will use the borrowed name account for 800,000 won per day from lending one 3 days to 80,000 won per day.” On September 4, 2018, the Defendant sent a copy of the check card connected to the Defendant’s name bank account (E) before the “D” restaurant located in Seongbuk-gu Seoul, Seongbuk-gu Seoul.

As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement of F (including the statement of transactions attached thereto) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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